In October 2023, the Building Safety Act introduced important updates to how building control operates. These changes, driven by the Building Safety Regulator and informed by the Grenfell Tower Stage 2 Inquiry, aim to strengthen compliance and safety standards across the construction industry.

Here’s what you need to know:

A New Focus on Compliance

The role of building control is now primarily regulatory, placing greater emphasis on ensuring that projects align with the Building Act and Regulations. This shift means a stronger focus on safety and adherence to the rules, ensuring that everyone involved in construction meets their responsibilities.

Designers Take the Lead 

Under the new regulations, Registered Building Inspectors focus solely on assessing compliance. While we’re here to inspect and evaluate, design advice isn’t part of the role. Designers must now provide fully compliant plans and stay actively involved throughout the project to address any updates or required changes.

Stricter Standards

The new regime prioritises high standards, with greater scrutiny on the competence of contractors, designers, and other duty holders. While we’ve always worked towards safety and quality, the emphasis is now on addressing non-compliance firmly to ensure regulations are upheld. More emphasis is placed on the ‘enforcement’ of the building regulations.

What this means for you

Clients, Designers and Contractors now have clearly defined dutyholder roles to comply with the Building Regulations Part 2A: chapters 1 to 5 and Regulations 11A to 11O of  The Building Regulations etc. (Amendment) (England) Regulations 2023.

The three key duties are:

 

 

Clients are expected to fully fund and resource projects to ensure that compliance can be achieved, by appointing a competent principal designer and principal contractor.

Principal Designers and designers will be expected to provide detailed designs and supporting documentation and present them in a way that explains how the project achieves compliance with regulations.

Principal Contractors and subcontractors will now be expected to follow the provided plans and materials without deviation, and any changes must be agreed with the designer. Contractors who make changes without consulting the designer assume full responsibility for compliance.

Domestic Clients (any individual who has building work carried out on their home, or the home of a family member for domestic purposes, not for business purposes) may appoint

Small Contractors must ensure that they are competent and insured to act as both contractor and designer, as they will be held accountable for compliance and expected to produce the necessary drawings and specifications.

Further clarification on the dutyholder duties and competence can be found on the gov.uk website #

 

Enforcement

It is important to note that contravening building regulations is a criminal offence, which can result in significant fines and, in serious cases, custodial sentences.

Hertfordshire Building Control is responsible for applying various Acts of Parliament and Statute Laws, and enforcing the Building Regulations on behalf of the following eight Local Authorities:

“Enforcement” refers to actions taken under these laws, including reviewing documents, examining drawings, and inspecting premises to ensure compliance. Hertfordshire Building Control can initiate formal enforcement actions, which may escalate through stages involving formal correspondence, issuing legal notices, and potentially leading to prosecution.

Hertfordshire Building Control inspectors work in line with the requirements of the Regulators code and adhere to the Local Authority Building Control Enforcement Policy.

In Summary:

The introduction of the Building Safety Regulator and the licensing of Building Inspectors has significantly altered the approach to building control. Building control is no longer considered part of the design team; its role is now centred on inspection and enforcement. With increased accountability for non-compliance, building control bodies are no longer able provide design advice or solutions. Instead, designers and contractors must ensure their work fully complies with regulations, and any deviations must be addressed with the appropriate expertise and approval. Clients must ensure they appoint competent individuals and secure the necessary funding and contracts to complete the project.

While we will maintain a proactive stance under the new regime, our design advice will be limited to commenting on compliance with building regulations. Ultimately, the responsibility for regulatory compliance lies with the client and the designers and contractors they hire.